IMPLEMENTATION OF SOCIAL JUSTICE AND HUMANISM PRINCIPLES IN THE PROFESSIONAL LEGAL ACTIVITY OF VASILY KONSTANTINOVICH MAGNITSKY

Nikolay A. Petrov, Inga V. Dmitrieva

DOI: 10.47026/2712-9454-2021-2-2-78-84

Key words

judicial investigator, humanism and justice, judicial reform, crime, investigation, punishment, customary law

Annotation

Vasily Konstantinovich Magnitsky (1839–1901) is a researcher of the culture and life of the peoples living in the Volga-Ural region, a public figure, an educator, a lawyer. A number of works were written about Magnitsky’s life and work. The articles published at different times contained mainly biographical information and covered certain areas of the researcher’s scientific interests. Meanwhile, the issues of Magnitsky’s worldview formation, his views on the social reality of post-reform Russia and the study of his legal activities were almost bypassed. The paper attempts to analyze the little-studied aspects of the professional activity of the judicial investigator of the Cheboksary uyezd second district, Vasily Konstantinovich Magnitsky. The methodological basis of the study was the method of complex historical analysis (for studying facts and phenomena in the dynamics of their development), as well as methods of problem-chronological and comparative analysis, on the basis of which the main directions of legal practice were studied. The research is based on previously unpublished materials from the funds of the State Historical Archive of the Chuvash Republic and the Scientific Archive of the Chuvash State Institute of Humanities, as well as data obtained from open sources. The lawyer Vasily Konstantinovich Magnitsky was a bright representative of the generation of the liberal reforms era. In his early youth, Vasily Magnitsky developed beliefs about the role of knowledge and science in human life. The desire to provide benefit for people, to put into practice all his knowledge and experience prompted him to become a graduate in law. Studying law at the university influenced his worldview, professional and scientific activities. Vasily Konstantinovich’s professional activity took place during the years of the reform in the Russian judicial system. The formation of Magnitsky’s personality and his evolution as a human rights activist in the classical sense of the word are inextricably linked with the liberal era of the sixties. According to his views, he was a consistent supporter of justice and humanism ideas, which largely determined his legal practice. As a lawyer, a judicial investigator of Cheboksary uyezd second district, Magnitsky consistently and firmly defended the need to respect the rights of an individual. Protesting against violation of this principle, he often became the object of persecution. Vasily Konstantinovich was critical of the post-reform Russian judicial system, and advocated its further democratization. He drew the attention of the public (including in publications) to the topical problems of judicial proceedings. The role of Magnitsky in high-profile criminal trials (the Multan case) of the second half of the XIX century is noted. Vasily Konstantinovich, along with the performance of official duties, led an active and fruitful work on the study of legal life. The materials collected by Magnitsky are of great value for the study of the customary law of the Chuvash.

References

1. Gosudarstvennyi istoricheskii arkhiv Chuvashskoi Respubliki. Fond 334. Opis’ 1. Delo 1 [State Historical Archives of the Chuvash Republic. Fund 334. Inventory 1. Case 1].
2. Gosudarstvennyi istoricheskii arkhiv Chuvashskoi Respubliki. Fond 334. Opis’ 1. Delo 18 [State Historical Archives of the Chuvash Republic. Fund 334. Inventory 1. Case 18].
3. Magnitskii V.K. Ocherk yuridicheskogo byta chuvash [An essay on the legal life of the chuvash]. Kazanskie gubernskie vedomosti, 1868, no. 86.
4. Magnitskii V.K. Kur’ez iz-za prisyagi, sluchivsheisya s chuvashinym [A curiosity because of the oath that happened to Chuvash]. Golos, 1871, no. 189.
5. Nauchnyi arkhiv Chuvashskogo gosudarstvennogo instituta gumanitarnykh nauk. Otdel 2. Edinitsa 367 [Scientific Archive of the Chuvash State Institute of Humanities. Department 2. Unit 367].
6. Nauchnyi arkhiv Chuvashskogo gosudarstvennogo instituta gumanitarnykh nauk. Otdel 1. Edinitsa 517 [Scientific Archive of the Chuvash State Institute of Humanities. Department 1. Unit 517].
7. Poluda O.N. Institut sudebnykh sledovatelei kak garant obespecheniya zakonnosti v kontekste sudebnoi reformy 1864 [The Institute of Judicial Investigators as a guarantor of the rule of law in the context of judicial reform 1864]. Vestnik Saratovskoi yuridicheskoi akademii, 2015, no. 2, pp. 54–
8. Sushkova Yu.N. Multanskoe delo v kontekste obychnogo prava [The Multan case in the context of customary law]. Probely v rossiiskom zakonodatel’stve, 2018, no. 4, pp. 70–
9. Uchrezhdenie sudebnykh sledovatelei ot 8 iyunya 1860 [Establishment of judicial investigators of 8 June 1860]. Polnoe sobranie zakonov Rossiiskoi Imperii. Sobranie Vtoroe. T. 35: v 2 otdeleniyakh. Otdelenie 1 [A complete collection of the laws of the Russian Empire. Meeting Two. Vol. 35: in 2 parts. Part 1]. St. Petersburg, 1862, pp. 710–715.

Information about the author

Nikolay A. Petrov – Candidate of Historical Sciences, Associate Professor of the Department of Archeology, Ethnography and Regional History, Chuvash State University, Russia, Cheboksary (homo-sapiens10@rambler.ru).

Inga V. Dmitrieva – Head of Archaeological and Ethnographic Museum named after P.P. Denisov, Chuvash State University, Russia, Cheboksary (ingadmit@mail.ru).

For citations

Petrov N.A., Dmitrieva I.V. IMPLEMENTATION OF SOCIAL JUSTICE AND HUMANISM PRINCIPLES IN THE PROFESSIONAL LEGAL ACTIVITY OF VASILY KONSTANTINOVICH MAGNITSKY. Historical Search, 2021,  vol. 2, no. 2, pp. 78–84. DOI: 10.47026/2712-9454-2021-2-2-78-84 (in Russian).

Download the full article